In the case of a Naval Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the Navy may designate funds appropriated to the Department of the Navy and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.

(b)Covered Programs.—In this section, the term “Naval Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the Naval Academy to which each of the following applies:

(1)

The program is not considered a morale, welfare, or recreation program.

(2)

The program is supported through appropriated funds.

(3)

The program is supported by a nonappropriated fund instrumentality.

(4)

The program is not a private organization and is not operated by a private organization.